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DODDY v. CITY OF NEW YORK

45 A.D.3d 431 (2007)

844 N.Y.S.2d 869

MICHAEL DODDY et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 20, 2007.

Plaintiffs moved to file a late notice of claim on July 10, 1991, eight days before the one-year-and-90-day statute of limitations expired. A decision granting the motion, deeming the notice of claim timely served, was entered on March 31, 1992. The statute of limitations, tolled for 265 days, ran anew as of that date, and plaintiffs were required to serve their summons and complaint upon defendants on or before April 8, 1992 (see CPLR 204 [a]; Giblin v Nassau County...

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